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Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
Customs valuation proceedings were maintainable against an STPI unit because section 14 and the valuation rules still governed assessment, even if no duty ultimately arose due to STPI status. The Tribunal held the importer and its parent were related persons throughout the dispute, as wholly owned subsidiary status established mutual interest and, after 2007, direct or indirect control satisfied the related-person test. For the Palladium system imported in 2006, the sale price was accepted because cost certificates showed full cost plus reasonable profit and there was no material to prove price influence. For the other post-2007 goods, loading of the supplier's average profit margin was upheld because the invoices were for customs purposes only and did not reflect arm's-length profit.
Customs valuation proceedings were maintainable against an STPI unit because section 14 and the valuation rules still governed assessment, even if no duty ultimately arose due to STPI status. The Tribunal held the importer and its parent were related persons throughout the dispute, as wholly owned subsidiary status established mutual interest and, after 2007, direct or indirect control satisfied the related-person test. For the Palladium system imported in 2006, the sale price was accepted because cost certificates showed full cost plus reasonable profit and there was no material to prove price influence. For the other post-2007 goods, loading of the supplier's average profit margin was upheld because the invoices were for customs purposes only and did not reflect arm's-length profit.
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